69-08 OrdinanceRECORD OF ORDINANCES
Dnvtnn Lc_xl Bl:mk. Inc.
Orzlinaru•e No.
69-08 (Amended)
Passed ~0
AN ORDINANCE AMENDING SECTION 10 (PERSONAL LEAVE),
SECTION 11 (SICK LEAVE), SECTION 12 (VACATION LEAVE),
SECTION 13 (PAID TIME OFF FOR EMPLOYEES IN PART-TIME
PERMANENT POSITIONS), AND SECTION 15 (INSURANCE
BENEFITS) OF ORDINANCE NO.73-06 ("COMPENSATION
PLAN" FOR NON-UNION EMPLOYEES) AND SECTION 33.47
(SICK LEAVE) OF CHAPTER 33 (PERSONNEL POLICIES) OF
THE DUBLIN CODIFIED ORDINANCES.
WHEREAS, Council has determined, upon the recommendation of the City Manager,
that certain amendments should be made to the leave benefits program for non-union
employees of the City of Dublin; and
WHEREAS, Council has determined that these amendments are necessary for the
administrative and operational effectiveness of the City of Dublin;
NOW, ~HEREFORE, BE IT ORDAINED by the Council of the City Dublin, State of
Ohio, members concurring:
Section 1. That Section 10 (Personal Leave) of Ordinance No. 73-06 (Compensation
Plan) be amended by deleting paragraphs A and B as contained therein and replacing them
with the following:
A. Effective the first pay period of each payroll calendar year, all existing employees
serving in Full-Time Permanent positions, and who are in full pay status at such
time (i.e. on duty or on approved leave with pay) shall receive five (5) days (40
hours) of Personal Leave. However, new employees appointed during the year
shall receive apro-rated allocation of Personal Leave in accordance with the
following schedule:
Timeframe Appointed Personal Leave Allocation
January 1 through March 31 40 Hours (5 days)
April 1 through June 30 32 Hours (4 days)
July 1 through September 30 20 Hours (2.5 days)
October 1 through November 30 8 Hours (1 day)
December 1 or later None
Personal Leave shall be used at the employee's discretion, provided that it is
approved in advance by the employee's Department/Division Head via the use of
a Leave Request Form. Personal Leave shall be used within the same payroll
calendar year in which it is allocated and shall not be carried over to the next
payroll calendar year.
B. In the event that an employee is not in full pay status at the time Personal Leave is
normally allocated to each employee, yet returns to full pay status at some point
thereafter, the amount of that employee's Personal Leave allocation shall be pro-
rated. (An employee on an approved disability leave receiving 70% of his/her
normal wages/salary shall be regarded as being in full-pay status and would,
therefore, receive the full Personal Leave allocation.) For every pay period the
employee has been in less than full pay status, 1.54 hours of Personal Leave shall
be deducted from the norma140 hour annual allocation.
Section 2. That Section 10 (Personal Leave) of Ordinance No. 73-06 (Compensation Plan)
be amended by adding new paragraph E as follows:
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69-08 (Amended)
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E. Effective the first pay period in each payroll calendar year, all existing employees
serving in Part-Time Permanent positions shall receive 2 days (16 hours) of
Personal Leave. However, new employees appointed during the year shall receive
a pro-rated allocation of Personal Leave in accordance with the following
schedule:
Timeframe Appointed Personal Leave Allocation
January 1 through June 30 16 Hours (2 days)
July 1 through November 30 8 Hours (1 day)
December 1 or later None
Section 3. That Section 33.47 (Sick Leave) of Chapter 33 (Personnel Policies) of the
Dublin Codified Ordinances be amended by deleting paragraph A as contained therein and
replacing it with the following:
A. All employees serving in Full-Time and Part-Time permanent positions shall be
entitled to Sick Leave at the rate specified in the "Compensation Plan" adopted by
Council.
Section 4. That Section 11 (Sick Leave) of Ordinance No. 73-06 (Compensation Plan) be
amended by deleting paragraphs B,C, and D contained therein and replacing them with the
following:
B. Any employee of the City, other than an elective officer, who has an accrued but
unused Sick Leave balance from the State of Ohio or any political subdivision of
the State of Ohio, and who is eligible to earn Sick Leave with the City of Dublin,
shall be entitled to have this accrued but unused Sick Leave balance from these
employers transferred for use with the City of Dublin, provided that said employee
is hired by the City of Dublin within ten (10) years after his/her date of
resignation/separation from any of these past employers with the State or any
political subdivision thereof. New employees hired on or after the date this
legislation legally takes effect, whose Sick Leave is transferred from another
public employer, must first use Sick Leave accrued with the City of Dublin prior
to using his/her transferred balance. In addition, on or after the date this legislation
legally takes effect, any newly hired employee's transferred Sick Leave shall not
be eligible for conversion to a cash payment either on an annual basis or upon
separation.
C. For employees serving in Full-Time Permanent positions, Sick leave shall accrue
at the rate of 2.77 hours per pay period (9 days/72 hours per year). An employee
shall not earn the full Sick Leave accrual in a given pay period unless he/she is in
full pay status for the entire pay period (i.e. on duty or on approved leave with
pay). (An employee on an approved disability leave receiving 70% of his/her
normal wages/salary shall be regarded as being in full-pay status and would,
therefore, receive the full Sick Leave accrual.) In the event an employee is not in
full pay status for an entire pay period, he/she shall accrue Sick Leave at the rate
of .034 hours for each one (1) hour in full pay status during the pay period.
D. For employees serving in Part-Time Permanent positions, the 9 days (72 hours)
per year Sick Leave accrual shall be pro-rated in relation to the number of hours
the employee works per week.
Section 5. That Section 11 (Sick Leave) of Ordinance No. 73-06 (Compensation Plan) be
amended by deleting paragraphs F, H, I, and J as contained therein and replacing them
with the following:
F. An employee serving in a Full-Time Permanent Position who separates service, in
good standing (employee's separation must not be for "just cause"), shall be
RECORD OF ORDINANCES
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69-08 (Amended)
Ordina~zce No.
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entitled to convert a portion of his/her unused Sick Leave balance to a cash
payment at time of separation. The rate of pay for such accrued unused Sick Leave
shall be the employee's standard hourly rate of pay at separation multiplied by
one-third (1/3) of the total number of accrued unused Sick Leave hours up to a
maximum payment for 700 hours.
H. At the end of each payroll calendar year, an employee serving in a Full-Time
Permanent position may choose to convert a portion of his/her accrued but unused
Sick Leave to a cash payment, subject to all of the following conditions:
1. The employee must have 40 hours or less of Sick Leave usage for the past
12 months as of the end of the first pay period in December (FMLA
protected leave exempted);
2. The employee may convert no more than 28 hours of Sick Leave to pay;
3. Sick Leave shall be converted at the rate of one (1) hour of Sick Leave to
one (1) hour of pay at the straight time hourly rate of pay;
4. Once Sick Leave is converted to pay, it shall not be converted back to sick
leave.
Should an employee exercise this conversion option, it shall be his/her
responsibility to forward a written request to the Department of Finance
specifying the number of hours he/she wishes to convert to cash, prior to the end
of the first pay period in December. The cash conversion shall then be paid to the
employee in the first pay period in the new payroll calendar year.
Section 6. That Section 12 (Vacation Leave) of Ordinance No. 73-06 (Compensation
Plan) be amended by deleting paragraphs A,E,G, and H as contained therein and replacing
them with the following:
A. All employees serving in Full-Time Permanent positions shall accrue Vacation
Leave in accordance with the following schedule:
Completed Years of Accrued Vacation
Public Service Hours per Year
0 Years - 1 Year 40 Hours
2 Years - 4 Years 108 Hours
5 Years - 9 Years 142 Hours
10 Years - 15 Years 182 Hours
16 Years - 20 Years 208 Hours
21 Years or More Years 246 Hours
Vacation leave is provided to employees to allow them to maintain balance
between their work and personal lives. To encourage the use of a minimum
amount of vacation leave each payroll calendar year, any employee who
accrues more than 40 hours per payroll calendar year shall be required to
use a minimum of 40 hours that same payroll calendar year. Should the
employee use less than the required minimum of 40 hours per payroll
calendar year, the difference between the amount actually used and 40
hours shall be deducted from the amount the employee is eligible to carry
over from one payroll calendar year to the following payroll calendar year.
This provision shall not be applicable to an employee in their first year of
service with the City who earns only 40 hours of vacation leave or who has
less than a 40-hour balance at the end of the payroll calendar year. In the
event of circumstances in which an employee may be in need of a future
extended leave due to illness and the employee would be unable to meet
the above vacation usage requirement, the employee may make a written
RECORD OF ORDINANCES
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69-08(Amended) Page 4
Ordi~iunce Nv. Passed , 20
request to the City Manager or his/her designee for a waiver from the
above vacation usage requirement. The City Manager's or designee's
decision to grant a waiver from the established vacation usage requirement
shall be made on a case-by-case basis and shall be based on the facts and
circumstances exigent to the situation.
E. An employee shall not earn his/her full Vacation Leave accrual in a given pay
period unless he/she is in full pay status (i.e. on duty or on approved leave with
pay) in the entire pay period. In addition, an employee on approved disability
leave shall not accrue Vacation Leave for the duration of such leave. In the event
an employee is not in full pay status during the entire pay period, he/she shall
accrue Vacation Leave on a pro-rated basis taking into account the number of
hours in full pay status during the pay period and his/her rate of accrual at that
given time. The formula for pro-rating the employee's accrual under such
circumstances shall be the number of hours in full pay status multiplied by the
converted hourly accrual rate.
G. An employee with fewer than 11 completed years of public service may
automatically carry over, from one payroll calendar year to another, a maximum
of 160 hours of unused Vacation Leave. An employee with 11 through 19 years
of completed public service may automatically carry over 200 hours of unused
Vacation Leave from one payroll calendar year to another. An employee with 20
or more years of completed public service may automatically carry over 240 hours
of unused Vacation Leave from one payroll calendar year to another. In the event
that an employee is precluded from using Vacation Leave because he/she was on
an approved disability leave, the City Manager may allow such employee to carry
over more Vacation Leave than the maximum normally allowable. Such
authorization shall be obtained from the City Manager in the advance of any such
carry over.
H. Upon separation or termination of employment, layoff, or death of the employee,
unused Vacation Leave shall be converted to a cash payment at the rate of 100%.
In addition, the conversion of Vacation Leave is permitted on an annual basis in
accordance with the following terms and conditions:
1. Employees at the Director level shall be permitted to convert a maximum
of 160 hours of unused Vacation Leave to cash at the end of each payroll
calendar year. The calculation for the conversion of Vacation Leave under
these circumstances shall be the Director's calculated hourly rate of pay
multiplied by the number of hours to be converted.
2. Employees below the Director level shall be permitted to convert a
maximum of 40 hours of their unused Vacation Leave at the end of the
payroll calendar year if the employee has 11 or more years of completed
public service and has a minimum Vacation Leave balance of 120 hours at
the end of the payroll calendar year. The calculation for the conversion of
Vacation Leave under these circumstances shall be the employee's normal
hourly rate of pay multiplied by the number of hours to be converted.
In the event that an eligible employee (director or non-director) wishes to exercise
the above-mentioned conversion option at the end of a payroll calendar year, it
shall be his/her responsibility to forward a written request to the Department of
Finance specifying the number of hours he/she wishes to convert to cash, prior to
the end of the first pay period in December. The cash conversion shall then be
paid to the employee on the scheduled pay date at the conclusion of the last pay
period in the payroll calendar year.
Section 7. That Section 13 (Paid Time Off for Employees serving in Part-Time Permanent
Positions) of Ordinance No. 73-06 shall be deleted in its entirety.
RECORD OF ORDINANCES
Ordinance Nv.
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69-08 (Amended)
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Section S. That Section 15 (Medical, Dental, Vision, Life Insurance Benefits) of
Ordinance No. 73-06 be amended by adding "Short-Term Disability" to the section title
and by adding new paragraph C as follows:
C. The City shall make available group Short-Term Disability benefits to all
employees serving in Full-Time Permanent positions. The benefits under this
Short-Term Disability program shall begin after seven (7} consecutive work days
of absence due to a disabling medical condition and shall provide disability
income protection at 70% of normal wages/salary up to a maximum of 24 weeks
for an approved disability, with the ability to supplement said disability income
level up to 100% of normal wages/salary through the use of the employee's Sick
Leave, Personal Leave, Vacation Leave, or Compensatory Time banks. Employees
on approved disability leave at 70% income replacement shall be regarded as
being in full pay status and, therefore, they shall not be required to pay for the
continuation of their Medical, Dental, and Vision benefits through the duration of
the approved disability leave.
Section 9. That Section 33.47 (Sick Leave) of Chapter 33 (Personnel Policies) of the
Dublin Codified Ordinances be amending by deleting paragraphs (B) (S) and (D)
pertaining to use of Sick Leave for bereavement purposes and placing them with the
following new paragraph (E) in Section 33.48 (Leave with Pay) as follows:
D. Bereavement Leave. All employees serving in Full-Time Permanent positions
shall be entitled to Bereavement Leave in the amount specified by the
"Compensation Plan" adopted by Council. This leave may be used for the death
of one or more of the employee's following family members: spouse, son,
daughter, brother, sister, father, mother, legal guardian, person who stands in place
of a mother or father, grandmother, grandfather, grandson, granddaughter, mother-
in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law,
grandmother-in-law, grandfather-in-law, stepmother, stepfather, stepbrother,
stepsister, stepson, stepdaughter, half brother, half sister, or any other relative
living in the employee's home.
Section 10. That a new Section 20 (Bereavement Leave) be added to Ordinance No. 73-
06 (Compensation Plan) as follows:
SECTION 20. BEREAVEMENT LEAVE
A. All employees serving in Full-Time Permanent positions shall be entitled to three
(3) days of Bereavement Leave per year for the death of a family member
specified in Section 33.48 (E) of the Dublin Codified Ordinances.
Section 11. That the amendments in this Ordinance shall be effective the first pay period
in the 2009 payroll calendar year.
ATTEST:
Clerk of Council
Passed this ~-~ day of .S2 ~1~ 2008.
CITY OF DUBLIN_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490
Memo
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager C~4 Lv ~ ~~ l3
Date: August 28, 2008
Initiated By: David L. Harding, Director of Human Resources
Michele Hoyle, Budget Manager
Summary
Re: Ordinance 69-08 -Code Amendment -Employee Leave Program Amendments
At the August 18, 2008 Administrative Committee of the Whole meeting, staff presented its
recommendations for the redesign of the City's leave program. The recommendations presented
by staff were the culmination of an in-depth examination process conducted by a 22-member
management group from across the organization, which spanned a 14-month time period. To
briefly summarize, these recommendations involve:
• the reduction in the amount of sick leave provided annually;
• the provision of a new short-term disability program;
^ the provision of bereavement leave;
^ the provision of one additional day of personal leave;
^ the enhancement of vacation accrual and vacation carryover;
• the enhancement of annual sick leave conversion and sick leave
conversion upon separation;
• the enhancement of annual vacation conversion; and
• the enhancement of leave benefits for employees in part-time
permanent positions.
At the close of the Committee meeting, the Committee formulated a recommendation to adopt
the leave program design changes as recommended by staff, with one modification. This
modification involved the inclusion of a provision requiring the use of a minimum amount of
vacation leave each year.
At the Council Meeting immediately following, Council adopted the Committee
recommendation and directed staff to prepare the necessary legislation for implementation of the
program design changes. Accordingly, attached is Ordinance No. 69-08 encompassing the
recommended program design changes. Also attached for your reference are the materials
previously provided for the August 18`h Administrative Committee of the Whole meeting.
Ordinance 69-08 -Code Amendment -Employee Leave Program Amendments
August 28, 2008
Page 2 of 3
Ordinance No. 69-08 provides for the amendment of the applicable leave provisions as follows:
• Section 1 addresses the increase in Personal Leave from 4 to 5 days and the
accompanying adjustment in the pro-rated allocation for new employees
appointed at different times of the year as well as for employees in unpaid
status at the time of allocation.
• Section 2 provides for the change in allocation from 32 hours of Paid Time
Off to 16 hours of Personal Leave for employees in Part-Time Permanent
positions, which is part of an overall enhancement in leave benefits that
includes the addition of pro-rated sick leave (pro-rated sick leave is
addressed in Section 4).
• Sections 3 and 4 involve the change in use and conversion of sick leave
transferred from another public entity, the reduction in annual sick leave
accrual from 18 to 9 days, and the provision of pro-rated Sick Leave to
employees in Part-Time Permanent positions. Of particular note in Section 4
is the provision involving transferred sick leave. Under the proposed
amendment, new employees would be required to use their Sick Leave
accrued from the City of Dublin prior to using their transferred Sick Leave
and would not be eligible to convert transferred Sick Leave annually or upon
separation to a cash payment.
• Section 5 addresses the enhancement in Sick Leave Conversion Upon
Separation and Annual Sick Leave Conversion. The rate of conversion for
the Sick Leave conversion Upon Separation is the employee's standard
hourly rate of pay multiplied by one-third (1/3) of the total number of unused
Sick Leave hours up to a maximum of 700 hours. This conversion is
applicable to any separation in good standing. The rate of conversion For the
Annual Sick Leave Conversion is one hour of pay at the employee's standard
hourly rate for every one hour of Sick Leave up to a maximum of 28 hours.
• Section 6 provides for the enhancement in the Vacation Accrual Schedule at
the 5-9, 10-15, 16-20, and 21 or more years of public service, the
enhancement in vacation carry over for employees with 20 or more years of
public service, and the option for employees below the Director level to
convert 40 hours of vacation leave at 1:1 on an annual basis if they have 11
or more years of public service and a minimum balance of 120 hours. Of
particular note in this section is the provision amending paragraph H 3 of the
Compensation Plan. Staff is proposing the inclusion of a requirement to use
a minimum of 40 hours per year or forfeit the option of vacation leave
conversion that particular year. Also of note is the provision amending
paragraph G in the Compensation Plan. Staff is proposing an amendment that
provides the flexibility for the City Manager to authorize the carry over of
vacation leave beyond the normal maximum allowable in the event an
Ordinance 69-08 -Code Amendment -Employee Leave Program Amendments
August 28, 2008
Page 3 of 3
employee has been unable to use his/her vacation leave due to being on an
approved disability leave and would otherwise forfeit such leave. (Staff
believes such an amendment would be appropriate to address this particular
circumstance.)
• Section: 7 relates to the change in name and allocation of Paid Time Off to
Personal leave for employees in Part-Time Permanent positions.
• Sectiozz 8 addresses the provision of a new Short-Term Disability program
with benefits beginning after a 7-day waiting period and income protection
benefits of 70% of normal wages/salary for up to 24 weeks in duration and
the ability to supplement disability pay up to 100% through the use of the
employee's paid leave balances.
• Sectiozz 9 and 10 address the provision of Bereavement Leave as a new leave
benefit type and the benefit level of 3 days.
• Sectiozz 11 provides for the variation in effective dates associated with the
various amendments in this Ordinance. This relates to the need to implement
changes involving a reduction in leave prior to the potential passage of the
Ohio Healthy Families Act on November 4, 2008 or, in other cases (i.e.
restriction on use and conversion of transferred sick leave), where it would
be advantageous to the City of Dublin to implement certain amendments as
soon as possible.
At the August 18 Administrative Committee of the Whole meeting, staff was also asked to provide
further detail on the Accrued Leave Reserve Fund. In response, attached is a cash flow analysis
(Attachment A) of the Accrued Leave Reserve Fund, which was established in the 2005 Operating
Budget. The Accrued Leave Reserve Fund was established to accumulate funding over time for the
anticipated leave conversions resulting from a significant number of retirements that will occur in
the next five to ten years. As shown in Attachment A, the resources available in this fund are
sufficient to fund current liabilities and could also provide funding for projected new conversions as
reflected in Ordinance No. 69-08.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 69-08 at the second reading on September 15, 2008.
Attachments
Beginning Balance
Revenues
Expenditures
Cu«ent actual and projected conversions
Projected new conversions"
Ending Balance
Attachment A
Accrued Reserve Cash Flow Analysis
Actual Actual Actual Estimated Estimated Estimated Estimated Estimated Estimated
2005 2006 2007 2008 2009 2010 2011 2012 2013
$ - $ 304,375 $ 564,554 $ 834,285 $ 1,127,970 $ 1,029,936 $ 961,406 $ 1,083,698 $ 1,211,579
304,375 313,619 329,536 346,446 346,446 346,446 346,446 360,304 374,716
(53,440) (59,805) (52,761) (339,480) (305,777) (110,586) (114,312) (226,814)
(105,000) (109,200) (113,568) (118,111) (122,835)
$ 304,375 $ 564,554 $ 834,285 $1,127,970 $ 1,029,936 $ 961,406 $1,083,698 $ 7,217,579 $ 1,236,646
Assumes 15 employees separate per year; average conversion of $7,000 based on payment for 80 hours vacation leave and 165 hours of sick leave (495 hours paid at 1/3)
CITY OF DUBLIN.
Office of the City Manager
X200 Emerald Park«~ay • Dublin, DH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490
Memo
TO: IVlembers of Dublin City Council
FRONT: Jane S. Brautigam, City Manager
DATE: August 15, 2008
INITIATED BY: David L. Harding, Director of Human Resources
RE: Administrative Committee of the Whole Meeting -Redesign of Leave Program
Executi~~e Summary
The current leave program for City of Dublin non-union employees has been examined by a
group of managers from across the organization and they have concluded that it should be
amended to better fit the needs of both the organization and the employees.
The goal for the redesign efforts is to modernize the City's leave benefit program through the
reduction of the amount of sick leave currently accrued to full-time, non-union employees and
offset this reduction with the addition of a Short-Term Disability program, the addition of one
day of Personal Leave, the addition of Bereavement Leave, and other minor enhancements to the
leave benefit program. Please see the table below for an overview of the changes.
Comparison of Current Leave Policy to Redesi6ned Policy
Leave Provision Current Polic Redesi ned Polic
Sick Leave Accrual Annual Sick Leave accrual - 18 .Reduce annual Sick Leave accrual
days (144 hours) to 9 days {72 hours)
• Recommended implementation
date -pay period following the
date on which the authorizing
legislation would legally take
effect.
Short-Term Disability None • Benefits begin after 7 consecutive
days of absence.
• 70% wages/salary for up to 24
weeks.
• Supplement up to 100% of normal
wages/salary via Sick Leave bank.
• Recommended implementation
date of January 1, 2009.
Personal Leave Allocation Personal Leave allocation of 4 days • Increase Personal Leave allocation
(32 hours) to 5 days {40 hours)
• Recommended implementation
date of January 1, 2009.
Bereavement Leave • Charged to Sick Leave balance. 3 • No longer charged to Sick Leave
days of leave for bereavement balance. Becomes a separate
purposes; extended to 5 days for form of leave.)
out-of-state sen~ices. • 3 days of Bereavement Leave. (No
List of qualifying relatives. longer an extension of 5 days for
out-of--state services). (Employees
may use other forms of paid leave
Memo to Council re Redesign of Leave Program
August 1~, 2008
Page 2 of 10
Bereavement Leave, cont. for additional time off as
necessary.)
• List of qualifying relatives
remains.
• Recommended implementation
date of Januar 1, 2009.
Vacation Accruals, Carryover and . Varies on the years of public • ~•Zinor increases ui accrual rates
Cash Out Provision service and/or timing of accruals.
• Increase in year-to-year carryover
provisions for some employee
groups.
• Enhanced cash out provisions for
some employee groups.
• Recommended implementation
date of Januar 1, 2009.
Part Time Employee Paid Time Off : 32 hours of Paid Time Off per • Reduce leave to 16 hours Personal
year Leave.
• Accrue Sick Leave pro-rated to
hours of service per year.
• Recommended implementation
date of January 1, 2009.
While reviewing the leave program it was announced that the Ohio Healthy Families Act would
be an issue on the November 2008 ballot. This bill, if passed, would create a new state-wide sick
leave la~~~ mandating all employers with 25 or more employees to provide a minimum of seven
days of sick leave. Furthermore, should an organization provide more than the required seven
days it would no longer have the ability to eliminate or reduce sick leave days. Due to the
impending Ohio Healthy Families Act legislation the redesigned leave program would need to
take effect by November 4, 2008. Therefore, the management group has redesigned the current.
leave program for non-union employees and is requesting that Council approve the
recommended redesign.
In addition to this executive summary, this report includes:
1. a detailed memo which fully explains the process used for the analysis of options and the
recommended leave benefit changes;
2. "Exhibit A", a comparison of the current leave program to the proposed leave program;
3. "Exhibit B", a comparison of the current City of Dublin leave program to the provisions
of the Ohio Healthy Families Act;
4. "Exhibit C", Pitfalls for Employers, a document prepared by City and Legal staff to
identity potential pitfalls of the Ohio Healthy Families Act;
5. "Exhibit D", a comparison of 12 Central Ohio cities leave program data; and
6. "Exhibit E", the projected financial ramifications to the City of Dublin associated with
the redesigned leave policy for non-union employees.
Memo to Council re Redesign of Leave Program
August 1~, 2008
Page 3 of 10
Introduction/Back6rouncl
In an earlier memo to Council (June 20, 2008), staff communicated that during 2008, a group of
22 managers from across the organization have been working collaboratively to redesign the
City's leave program. The inspiration for this redesign effort originated from the implementation
of our Healthy by Choice Program when staff realized that some of the concepts underlying the
transformation of our health care program into a health management program were also
applicable to leave benefit program design. In particular, the concept of using visible, tangible,
and reliable financial incentives to reward the right behavior, namely the use of a "premium
contribution waiver" to reward the adoption of healthier lifestyle behaviors and better
ste«~ardship of one's own health, in order to achieve the desired outcome of lower health care
consumption, resonated well ~~~ithin the organization. Much in the same way that an incentive
strategy helped transform the design of our healthcare benefits program, staff felt that a similarly
designed incentive strategy could, in part, help transform the design of our sick leave program.
Staff believes that, as part of an overall strategy to provide a more effective leave program
design, using visible, tangible, and reliable financial incentives to reward the right behaviors (i.e.
presence more than absence) ~~-~ould logically lead to similar outcomes we are striving to achieve
through the Healthy by Choice program, namely to«~er sick leave consumption, better
stewardship, higher productivity, and greater job satisfaction. Combining the appropriate use of
financial incentives with a more modern approach to mitigating our employees' individual short-
term disability exposure seemed to be a strategy worthy of consideration. Consequently, staff
began to explore various leave program designs, including those that employed less traditional
"Paid Time Off" or "Combined Time Off" programs, more traditional "buckets of leave"
programs (Sick, ~Tacation, Personal Leave, etc.), enhanced leave conversion options, and the
provision offully-insured or self-insured Short-Term Disability Programs.
The mission of this management group from point of inception has been to analyze the strengths
and limitations of our existing leave program design, explore alternate design strategies, and to
present recommendations for Council's review. A major point of emphasis in this group
achieving a successful outcome t~-~as the production of a preferred program design through
consensus. Consequently, the management group produced numerous program design iterations
during the last seven months before arriving at a preferred product. The management group has
now completed its work and staff would like to present the group's recommendations for
realignment of our leave program at the Administrative Committee of the Whole meeting
scheduled for August I8, 2008. This proposed realignment has the support of the 22-member
management group charged «~ith redesigning our leave program. As a preface to the presentation
of the proposed leave program design, it should be noted that the elements of this proposed
design would only be applicable to our non-union employees. Any changes in leave program
design for the union bargaining units would require negotiation t~-~ith the respective unions
representing our union employees.
As communicated in an earlier memo on this subject, simultaneously to staff's redesign efforts, a
nezv bill at the state levvel (Ohio Healthy Families Act) emerged on scene. Such bill, drafted by a
state-«~ide coalition comprised significantly of organized labor, would create a ne«~ sick leave
Memo to Council re Redesign of Leave Program
August 15, 2008
Page 4 of 10
law codified as Chapter 4114 of the Ohio Revised Code and would mandate all employers with
more than 25 employees to provide a rninimuin of seven days of paid sick leave to employees
working 30 or more hours per «-eek and apro-rated amount to employees ~i~orking less than 30
hours per «Teek or 1,560 hours per year. This Act, as drafted by the previously referenced state-
wide coalition, will be on the November 4~' ballot by the initiative petition process outlined in
the Ohio Constitution. The Act would also treat sick leave as a protected form of leave to be used
at the discretion of the employee and would establish a variety of provisions which would limit
the employer's ability to control and manage sick leave usage. The part of this Act that is most
troubling to us is the provision prohibiting employers from eliminating or reducing existing
leave, regardless of the type of such leave, after the Act's date of enactment for the purposes of
complying with the provisions of the Act.
Ironically, staff's recommendations involve, in part, a reduction in the amount of sick leave
offset by the addition of a Short-Term Disability program, the addition of one day of Personal
Leave, the addition of Bereavement Leave, and certain enhancements to various other
dimensions of our leave program, including Vacation Leave accrual and the conversion of Sick
Leave and Vacation leave to a cash payment. Consequently, staff has been advised by our legal
counsel to pursue implementation of the reduction in Sick Leave accrual prior to November 4,
2008. The strategy staff would like to employ is to pursue legislative adoption of all of the
proposed leave program design recommendations prior to November 4th, but actually implement
the reduction in Sick Leave accrual prior to November 4th to ensure our ability to reduce the Sick
Leave accrual legally, should the Ohio Healthy Families Act pass. The effective date of
implementation for the other leave program enhancements (Short-Term Disability, Personal
Leave, Bereavement Leave, Vacation Accrual, Sick Leave Conversion, and Annual Vacation
Leave Conversion) would be January 1, 2009. The other facet to the strategy would be that
should the Ohio Healthy Families Act pass, we would then amend the narrative of our Sick
Leave Policy to establish consistency with the Act, including the provision of pro-rated Sick
Leave to employees serving in Seasonal or Temporary positions. Under such circumstances, staff
would work ~-ith our legal counsel in the re-drafting of our Sick Leave Policy narrative to ensure
consistency t~~•ith the net~~ late.
Upon full consideration of the provisions of the Ohio Healthy Families Act, the management
group determined that "Paid Time Off 'i"Combined Time Off ' program design was not in the
best interest of the organization at this point in time. The chief concern among the management.
group and legal counsel, with respect to the Act's provisions regarding protected leave status,
was that «~ith no distinction between types of leave, all combined time off would likely be
regarded as "protected leave" and, therefore, place restrictions on the City's ability to manage
and control the usage of such leave.
Recommendations of Redesign of Leave Program
Staff believes that it is important to first outline the key design principles which underlie the
management group's recornrnendations. These key design principles are as follows:
^ That the amount of Sick Leave provided annually should be reduced;
Memo to Council re Redesign of Leave Program
August 1~, 2U08
Page5of10
^ That the reduction in Sick Leave should be offset by the provision of a new Short-
Term Disability program;
^ That the structure and nature of existing Sick Leave banks should be preserved as part
of any re-design effort and the associated usage of Sick Leave should at least be
permitted as currently allowed;
^ That the reduction in Sick Leave should be offset by modest enhancements to other
forms of leave and the provision of ne«-~ types of leai•=e where reasonable, and
^ That enhancements should be made in other leave benefits which take into
consideration the leave program enhancements proposed by Management for the FOP
bargaining units.
These design principles are reflected in the management group's following twelve
recommendations.
Reduction in Sick Leave Accrual. The management group is recommending a reduction
in the amount of Sick Leave currently provided on an annual basis to our employees from
18 days (144 hours} to 9 days (72 hours). (Refer to "Exhibit A" -Leave Prog~°an~
Design.) The City's current 18-day annual accrual rate exceeds the accrual rates provided
by rnost comparable local government entities in the Central Ohio area. Although it is not
uncommon to see significant sick leave accrual in comparable local government entities,
only one of our local government counterparts provides an equivalent amount of Sick
Leave. (Refer to "Exhibit D" -Leave Benefits Survey - for a comparison of how these
Sick Leave accrual rates relate to other local government entities in Central Qhia.)
Historically, the rationale behind maintaining this 18-day annual accrual rate has been
that the City does not offer aShort-Term Disability program and, therefore, Sick Leave
t~--°as thought of as the vehicle to cover this exposure. The more modern approach,
however, is to provide a formal Short-Term Disability program in place of larger accruals
of Sick Leave. The management group believes this should be the direction we take as
an organization and, therefore, recommends that as an offset to the reduction in the
annual Sick Leave accrual from 18 days (144 hours) to 9 days (72 hours), we implement.
a Short-Term Disability program. Sick Leave would continue to carry over from year to
year «~ith no aggregate limitation on accrual, as outlined under the existing Sick Leave
program. Staff r~~ould recommend that the lower Sick Leave accrual rate be implemented,
effective at the staY-t of the pay period following the date on which the authorizing
legislation would legally take effect.
2. Provision of'a ~'~re~v Sl~art-Term Disability Program. The Short-Term Disability program
recommended by the management group would be aself-funded program and would
provide disability income benefits at 7d% of normal wages/salary for a maximum period
of 24 t~~•eeks. (Refer to "Exhibit A" -Leave Program Design.) During the period of
Memo to Council re Redesign of Leave Program
August 1~, 2008
Page 6 of 10
disability, the employee would have the option to supplement his/her disability payments
up to 100% of normal wages/salary through the use of his/her existing Sick Leave bank.
This program would pro~~ide our employees with a minimum level of income protection
without their reliance solely on Sick Leave, thus enabling them to preserve their Sick
Leave banks for other illnesses of anon-disabling nature. In addition, unlike the current
Sick Leave program, which requires a new employee to build his/her Sick Leave bank
over time to the level which provides significant disability income protection, the Short-
Term Disability program would provide a "safety net" for our newer employees by
providing at least an income protection level of 70% should they encounter a disabling
illness or non-work related injury early in their tenure with the City. The provision of
such aShort-Term Disability program can also be viewed as a major "offset" for the
change in Sick Leave accrual. Under the proposed program design, benef°its would begin
after 7 consecutive work days of absence due to a disabling illness or injury, for which
the employee could use various forms of available paid leave (i.e. Sick Leave, Vacation
Leave, Personal Leave, etc.). (Refe~° to "Exhibit D" -Leave Benefits Survey -for a
cam~ari,san of haw the recommended disability benefit levels relate to athey local
government entities in Central Ohio.) The City would contract «-~ith a third party
administrator to assist the City in the development of a formal, written plan document by
which the plan would be governed and to review and adjudicate all disability claims
pursuant to plan's terms and conditions. Staff would recommend that this new Short-
Term Disability program be implemented effective January 1, 2009.
3. Sick Leave Banks'Sick Leave Usage. During the management group's deliberations
leading up to the formulation of recommendations, various alternatives for modifying the
nature of the current Sick Leave banks were discussed to a considerable extent. These
alternatives included several different approaches to "freezing" the current Sick Leave
banks upon implementation of a new sick leave program in order to draw a distinction
between "old sick leave" and "new sick leave" and furthermore, to limit the usage of "old
sick leave" only to supplement disability payments up to 100% of wages/salaries. In the
final analysis, these alternatives were deemed to be too intricate to administer and not in
the best interest of our organization. Therefore, the management group recommends that
the structure and nature of the current Sick Leave banks remain unchanged and that the
usage of Sick Leave be allowed to continue as currently exists.
Other Leave Benefit Enhancements/Ne~~ Leave as Offset to Reduction in Sick Leave
4. Personal Leave. As part of its recommendations, the management group is also
advocating that we provide one additional day (8 hours) of Personal Leave, which can be
viewed as a partial offset for the change in Sick leave accrual. (Refer to "Exhibit A" -
Leave Program Design.) This would increase the annual Personal Leave allocation from
4 days (32 hours) to 5 days (40 hours). (Refer to "Exhibit D " -Leave Benefits Sup°vey -
far a comparison of how these benefit levels relate to other local government entities in
Central Ohia.) The use of Personal Leave requires the prior approval of the employee's
supervisor and could, therefore, be reasonably managed, unlike the expansive protection
Memo to Council re Redesign of Leave Program
August 1~, 2008
Page 7 of 10
that Sick Leave would enjoy under the Ohio Healthy Families Act, should such Act be
approved by the voters on November 4, 2008. (Refer to "Exhibit C" -The Chia Healthy
Families Act, Pitfalls for Employers -for farther infarmatian on these protections.) In
this regard, the City would preserve its current ability and right to manage Personal
Leave to the same degree it currently enjoys. Staff would recommend that the proposed
ei>1lancement to the Personal Leave benefit be implemented effective January 1, 2009.
Under such circumstances, the current Personal Leave allocation would remain effective
for the remainder of 2008.
5. Bereavement Leave. The management group also recommends that we create a ne~~• foiYn
of leave officially known as Bereavement Leave. (Refer to "Exhibit A " -Leave Program
Design.) Although our current Sick Leave program authorizes the use of Sick Leave for
bereavement purposes, inherent in such use is the requirement to charge the leave against
the employee's existing Sick Leave balance. Under the proposed program design,
bereavement leave would no longer be charged to Sick Leave, but would become its own
form of leave. This would presei•~~e the employee's Sick Leave bank for other non-
bereavement leave purposes. Also under the proposed program design, Bereavement
Leave would be limited to three work days, whether for in-state or out-of--state funerals.
Current policy allows tluee days of Sick Leave for bereavement purposes, which may be
extended to five days for an out-of--state funeral. The existing provision providing a list of
qualifying relatives, for which one could use leave, remains unchanged. (Refer to
"Exhibit D" -Leave Benefits Sus"Vey - far a comparison of how t1~e,se benefit levels
relate to other local government entities in Central (_~I~io.) Staff would recommend that
the proposed new Bereavement Leave benefit be irnplernented effective January 1, 2009.
Under such circumstances, the current provision authorizing the use of Sick Leave for
bereavement purposes would remain effective for the remainder of 2008.
Leave Benefit Enhancements/FOP Considerations
6. Tlacatian Leave Acer•ual Schedule. The management group recommends that an
enhancement be made to the current Vacation Leave accrual schedule. (Refer to
"Exhibit A" Leave Program Design for complete vacation accrual schedule.) This
enhancement would involve modifying the current 5-10 years of public service level in
the schedule to 5-9 years; modifying the current 11-15 years of public service level to 10-
15; and enhancing the accrual from 180 hours to 182 hours at the 10-15 year level, from
200 to 208 at the 16-20 year level, and from 230 to 246 at the 21 or more year level.
(Refer to "Exhibit D" -Leave Benefits Survey - for a comparison of I~ow these benefit
levels relate to other local government entities in Central Ohio.) These enhancements to
the Vacation Leave accrual schedule represent parity with the Vacation Leave accrual
schedule proposed by Management to the FOP bargaining units at these levels. Staff
would recommend that the enhancements to the t%acation Leave accrual schedule be
implemented effective January 1, 2009. Under such circumstances, the current Vacation
Leave accrual schedule «.ould remain effective for the remainder of 2008.
Memo to Council re Redesign of Leave Program
August 1~, 2008
Page 8 of 10
7. vacation Carr}% Over° Year to Yeas°. The management group recommends that an
enhancement be made to the current Vacation Carry-Over provision. (Refer to "Exhibit
A "Leave Pragram Design.) This «~ould involve enhancing the maximum carry over year
to year for employees with 20 or more years of public set•~~ice from 200 to 240 hours.
(Refer to "Exhibit D" -Leave Benefits Survey - for a comparison of how these benefit
levels relate to other local government entities in Cents°al F~l~io.) This enhancement to the
Vacation Carry-Over provision represents parity with the Vacation Carey-Over provision
proposed by Nlanagement for the FOP bargaining units. Staff would recommend that the
enhancement to the Vacation Carry-Over provision be implemented effective January 1,
2009. Under such circumstances, the current Vacation Carry Over provision would
remain effective for the remainder of 2008,
8. Annual Sick Leave Conversion. The management group recommends that the City's
existing provision allowing the conversion of Sick Leave to a cash payment on an annual
basis be enhanced. (Refer to "Exhibit A " -Leave Program Design.) Under the current
program, a maximum of 48 hours of Sick Leave may be converted annually at the rate of
two hours of leave for one hour of pay (2:1) provided that the employee has used 40 or
less hours of Sick Leave (FMLA Leave exempted) the preceding year and has a Sick
Leave balance of 720 hours at year end. Under the proposed program, the 40 or less hours
of use threshold would remain unchanged, but the 720 hour minimum balance
requirement would be deleted and the conversion would be enhanced to 28 hours at the
rate of one hour of leave for one hour of pay (l:l). (Refer to "Exhibit D" -Leave
Benefits Survey - for a comparison of hotiv these benefit levels relate to other local
government entities in Central G~hio.) This enhancement to the Annual Sick Leave
Conversion provision represents parity ~~~~ith the Annual Sick Leave Conversion provision
proposed by 1Vlanagement for FOP bargaining units. Staff would recommend that the
ei111ancement to the Annual Sick Leave conversion provision be implemented effective
January 1, 2009. Under such circumstances, the current Annual Sick Leave conversion
provision would remain effective for the remainder of 2008.
9. Sick Leave Conversion Upon Separation. The management group recommends that Sick
Leave Conversion Upon Separation provision be enhanced. (Refer to "Exhibit A" -
Leave Pragram Design.) Under the current program, an employee may convert L%3 of
his/her Sick Leave balance up to a maximum of 540 hours if he;'she has a minimL~m of 10
complete years of service with the City of Dublin and retires through the Ohio Public
Employees Retirement System (OPERS). In addition, an ernployee may convert 1 /3 of
his/her Sick Leave balance up to a 500 hour maximum if he/she has a minimum of 20
complete years of Dublin service, resigns in good standing, and has a 1,280 hour
minimum balance at time of resignation. Under the proposed program, the 10 year
service and retirement requirements, the 20 year service and resignation and 1,280 hour
minimum balance requirements would all be deleted and the maximum conversion would
be enhanced to 700 hours. As long as the employee separates employment in good
standing, he/ she would be eligible to convert 113 of his/her Sick Leave balance up to the
enhanced 700 hour maximum. (Refer to "Exhibit D " -Leave Benefits Sldrvey -far a
Memo to Council re Redesign of Leave Program
August 1~, 2448
Page 9 of 14
comparison of how these benefit levels relate to otT~er local government entities in
Central Ohio.) The conversion rate of 113 up to the enhanced 744 maximum represents
parity with the maximum conversion amount proposed by Management for the FOP
bargaining units. Staff would recommend that the enhancements to the Sick Leave
Conversion Upon Separation provision be implemented effective January 1, 2449. Under
such circumstances, the current Sick Leave Conversion Upon Retirement and
Resignation provisions would remain effective for the remainder of 2448.
14. Annual Vacation Leave Conversion. The management group recommends an
enhancement to the Atuiual Vacation Leave Conversion provision. (Refer to "ExhibitA"
-Leave Pr•agram Design.) Currently, only Directors may convert Vacation Leave
amlually up to a maximum of lb4 hours at year end. The proposed enhancement would
allow employees (non-Directors) with 11 or more years of public service to convert a.
maximum of 44 hours of vacation leave annually at the rate of one hour of leave for one
hour of pay (l : l) provided he/she has a minimum Vacation Leave balance of 124 hours at
year end. (Refer to "Exhibit D " -Leave Benefits Survey - for a comparisan of haw these
benefit levels relate to other local government entities in Central Ohio.) This
enhancement to the Annual Vacation Leave Conversion provision represents parity with
the Annual Vacation Leave Conversion provision proposed by Management for FOP
bargaining units. Staff would recommend that the proposed enhancement to the Annual
Vacation Conversion provision be implemented effective January 1, 2449. Under such
circumstances, the current Annual Vacation Leave Conversion provision solely for
Directors «~ould remain effective for the remainder of 2448.
Other Considerations
11. Paid Time Off or Employees in Part-Time Permanent Positions. As part of the effort to
redesign our leave program, the management group also examined the current Paid Time
Off provision covering our employees serving Part-Time Permanent positions (8
positions). Following this examination, the management group determined that this Paid
Time Off provision should also be redesigned. (Refer to "Exhibit A" -Leave Progr•arn
Design. Therefore, the management group recommends that the 32 hour allocation of
Paid Time Off currently provided to employees serving in Part-Time Permanent positions
be reduced to 16 hours and that the name be changed to Personal Leave and further, that
these employees also receive apro-rated Sick Leave accrual in relation to their hours
«-orked. This program design change would not only allow for consistency in leave titles
between employees serving in both Full-Time and Part-Time Permanent positions but,
more impol-tantly, would provide an overall enhancement in leave benefits for a segment
of our employee population that provides a steady level of commitment to our
organization as well as a stable, reliable workforce. This enhancement in leave benefits
would aid in the retention of this workforce. Staff would recommend that this program
design change be implemented effective the start of the pay period following the date on
which the authorizing legislation ~~rould legally take effect.
Memo to Council re Redesign of Leave Program
August 1~, 2008
Page 10 of 10
12. Sick Leave Trans er from P~°ior Public Ernplo~%ment. As part of the effort to redesign our
leave program, the management group identified an unintended gap in our current
provision allowing the transfer of Sick Leave from prior public employment «-•ith the
State of Ohio or any political subdivision thereof. Such a Sick Leave transfer provision is
not uncommon in Ohio; however, the management group noticed a gap in our provision
which it felt should be addressed at this time. This gap involves the fact that there is no
restriction in this provision preventing this transferred Sick Leave from being converted
to a cash payment either on an annual basis or upon retirement or resignation. In an effort.
to close this unintended gap, the management group reconunends that a provision be
added which restricts transferred Sick Leave from being converted to a cash payment
either on an annual basis or upon separation. (Refer to "ExhibitA" -Leave Program
Design.) Staff would recommend that this program change be implemented effective the
start of the pay period following the date on which the authorizing legislation would
legally take effect.
Financial Ramifications
Staff has analyzed the financial impacts of the proposed redesign of the non-union leave program
and has calculated the projected ramifications associated with each component of the redesigned
leave program. (Refe~° to "Exhibit E" -Financial Impacts of Redesigned Leave Prog~°am.) The
annual financial impact resulting from this redesigned leave program is estimated to be $62,950.
This financial impact would be reflected in the 2009 Operating Budget.
RECONINIENDATION
Staff believes that the proposed redesign of our leave program is both competitive with the
market and fair relative to the leave program designs in place for union employees within the
City of Dublin. Staff, therefore, recommends the adoption of the proposed Leave program design
as represented in this staff report and accompanying "Exhibit A". In addition, Staff also
recommends that Council provide direction to staff to prepare the necessary legislation amending
the existing Leave program design for non-union employees as represented herein, and place
such legislation on the September 2, 2008 Council Meeting Agenda for Council's consideration.
Staff further recommends the adoption of such legislation at the second reading/public hearing at
the September 15, 2008 Council Meeting. Should Council indeed adopt such legislation on
September 15, 2008, the legislation would legally take effect on October 15, 2008.
Attachments
"EYHIBIT A"
LEAVE PROGRAM DESIGN
COMPARISON TABLE
(Current to Prapasecl)
8-10-08
Leave Provision Current Proposed Comments
Sick Leave t~,nnual Sick Leave accrual is 18 Reduce annual Sick Leave accrual 18 day annual accrual rate exceeds
!lccrual days {144 hours}. to 9 clays (72 hours}. accrual rates provided by mast
comparable local government entities
3-day Sick Leave advance for initial 3-day Sick Leave advance for initial in Central Ohio area.
3 months of employment. 3 months of employment.
Provision of formal Short-Term
Sick Leave accrues in bank with no Sick Leave accrues in bank with no Disability program in place of larger
aggregate limitation. aggregate limitation. Sick Leave accrual is a more modern
approach.
Structure and nature of Sick Leave
banks remain unchanged and Sick Implement lower accrual rate
Leave may be used as currently effective the start of pay period
allowed. following the date on which the
authorizing legislation would legally
take effect.
Sick Leave carry Sick Leave carries over year to year Sick Leave carries over year to year No Change.
Over with no carry over limitation. with no carry over limitation.
Leave Provision Current Proposed Comments
Sick Leave Sick Leave balance transferred from Sick Leave balance transferred from Provision restricting the conversion of
Transfer fiam prior public eml~layment w,~ State of prior public employment w/ State of transferred sick leave closes and
Prior Public Olua ar any political subdivision Ohio ar any political subdivision unintended gap in current conversion
Employment thereof is placed in new employee's thereof would be placed in new provisions.
Sick Leave bank at time of employee's Sick Leave bank at time
appointment with City of Dublin. of appointment with City of Dublin.
Na cunent provision restricting this Transferred Sick Leave would not
transferred Sick Leave from being be eligible for com%ersion to cash
converted to cash payment an an payment either on an annual basis
annual basis or upon retirement ar upon separation.
resignation.
Short-Term None Benefits begin after 7 consecutive New Short-Term Disability program
Disability days of absence. can be viewed as a major "offset" for
(New Benefit) reduction in Sick Leave accrual.
70% wages/salary for up to 24
weeks. More modern approach to mitigating
Short-Term Disability elposure than
Supplement up to 100% of normal just providing large Sick Leave
wages/salary via Sick Leave bank. accrual.
Employees no longer have to rely
solely on their Sick Leave banks for
this pui7~ase. Preserves employees'
Sick Leave banks for other non-
disabling illnesses.
Provides a "safety net" far new
employees who have a small Sick
Leave banks.
Implement effectiti'e 1-1-09.
Leave Provision Current Proposed Comments
Personal Leave Personal Leave allocation of ~ days Increase Personal Leave allocation 1 additianal Personal Day can be
Allocation {32 hours}. to 5 days (40 hours). viewed as a partial offset to change in
Sick Leave accrual.
Implement effective 1-1-09. Current
Personal Leave Allocation would
remain effective for the remainder of
2008.
Personal Leave Na cony aver year to year. Na carry over year to year. Na change.
Carry Over
Bereavement Charged to Sick Leave balance. No Langer charged to Sick Leave Can be viewed as a partial "offset" far
Leave balance. (Becomes a separate form reduction in Sick Leave Accrual.
(Ne~v Benefit) 3 days of leave far bereavement of leave.)
purposes; extended to 5 days for Because leave for bereavement
out-of--state services. 3 days of Bereavement Leave. {No purposes would no longer be charged
longer an extension to 5 days far against the employee's Sick Leave
List of qualifying relatives. out-of--state sen%ices.) (Employees bank, the employee's Sick Leave
may use other farms of paid leave bank would be preserved for other
for additianal time off if necessary.) non-bereavement purposes.
List of qualifying relatives remains. Implement effective 1-1-09. Current
provision regarding leave far
bereavement purposes would remain
part of Sick Leave for the remainder
of 2008.
Leave Provision Current Proposed Comments
Vacation Accrual Years of Vacatian Years of Vacatian Enhancement in years of public
Schedule Completed Public Accrual Completed Public Accrual service from 5-10 to 5-9 and from 11-
Service Hours Service (Hours 15 to 10-15 represents parity with
Vacation Accrual Schedule propased
0-1 40 0-1 40 by Management for FOP bargaining
units.
2-4 108 2-4 108
Enhancement in t%acatian accrual
5-10 142 5-9 142 from 180 to 182 at the 10 -15 years of
public service level, from 200 to 208
11-15 180 10-15 182 at the 16-20 years of public sen~ice
level, and from 230 to 246 at the 21+
16-20 200 16-20 208 veers of public service level
represents parity with the vacatian
21 + 230 21 + 246 accruals propased by Management for
FOP bargaining units at these levels.
Implement effective 1-1-09. Current
Vacation Leave Accrual Schedule and
Amounts would remain effective for
the remainder of 2008.
Vacation Carry 160 hours with less than 11 years 160 hours with less than 11 years Enhanced carry over from 200 to 240
Over of public sen~ice. of public service. hours far 20 or mare years of public
service represents parity with
200 hours with 11 ar mare years 200 hours with 11 ar mare but less Vacatian Carry-Over pravisian
of public service. than 20 years of public service. propased by Management far FOP
bargaining units.
240 hours with 20 ar mare years
of public service. Implement effective 1-1-09. Current
Vacatian Carly-Over pravisian would
remain effective for the remainder of
2008.
Leave Provision Current Proposed Comments
Annual Sick Leave 4$ hours at 2:1 with 40 ar less hours Enhance conversion rate to 28 Enhanced cam%ersian rate of 2& hours
Conversion to of sick leave use annually (FIvII_,A hours at 1:1. at 1:1 represents parity with proposed
Cash Leave exempted) and minimum FOP bargaining units' canversian
balance of 720 hours. 40 or less hours of sick leave use rate.
annually (FMLA Leave exempted)
remains unchanged. Implement effective 1-1-09. Current
Annual Sick Leave Conversion
Delete 720 hour minimum balance provision would remain effective for
requirement. the remainder of 2008.
Sick Leave Employee may convert 113 of Sick Delete 10 year service and Conversion rate of 1,''3 of Sick Leave
Conversion to Leave balance up to 540 hour retirement provision in its entirety. balance up to the enhanced 700 hour
Cash Upon maximum with minimum of 10 maximum represents parity with
Separation complete years of sen%ice wlCity of Delete 20 year sen%ice, resignation, maximum number of hours eligible
Dublin and approved OPERS and 1,2$0 hour minimum balance for conversion proposed by
retirement. In the event employee requirements. 1\~Ianagement far FOP bargaining
dies while in employ of City (not units.
killed while perfrnming authorized Employee may convert 1/3 of Sick
and assigned jab duties), except far leave balance up to an increased Implement 1-1-09. Current Sick
resignation/separation provision as 700 hour maximum with any type Leave canversian Upon Retirement
follows, and qualifies far of separation in good standing. and Resignation provisions would
retirement, such compensation paid remain effective for the remainder of
to spouse or, secondarily, estate. 100% com~ersion if killed while 2008.
performing authorized, assigned jab
Employee may convert 1/3 of Sick duties remains as is.
Leave balance up to 500 hour
maximum with minimum of 20
years of sen%ice w/City of Dublin,
resignation in good standing, and
minimum balance of 1,280 hours at
time of resignation.
100% conversion if killed while
performing authorized, assigned job
duties.
Leave Provision Current Proposed Comments
Annual Vacation Only Directors may convert a Director's conversion provision Enhanced conversion option for
Leave Com~ersion maximum of 160 hours at year end. remains unchanged. employees (non-Director) represents
to Cash parity with Annual Vacation Leave
Enhance conversion option to allow Conversion provision proposed by
employees (non-Directors) to Management for FOP bargaining
convert maximum of 40 Hours at units.
rate of 1:1 with 11 or more years of
public service and minimum Implement effective 1-1-09. Current
balance of 120 Hours at year end. Director-only conversion provision
would remain effective for the
remainder of 2008.
Vacation Leave 100% of balance upon layoff, 100% of balance upon layoff,
Com%ersion to resignation, or separation. In event resignation, or separation. In event No Change.
Cash Upon of employee's death, paid to spouse of member's death, paid to spouse
Separation or, secondarily, estate. or, secondarily, estate.
Personal Leave 100% of balance for layoff. (No 100% of balance for layoff remains
Conversion to conversion for any other form of as is. (No conversion for any other No Change.
Cash Upon separation.) form of separation.}
Separation
Paid Time Off for 32 hours of Paid Time Off. Reduce allocation from 32 hours of Change from Paid Time Off to
Employees in Part- to 16 hours and change name to Personal Leave allows for consistency
Time Permanent Personal Leave. in leave titles between employees
Positions serving in both Full-Time and Part-
Enhance overall leave benefits by Time Permanent positions.
providing pro-rated Sick Leave
accrual. Staff in Part-Time Permanent
positions provide a steady level of
commitment to our organization as
well as a stable, reliable workforce.
Overall enhancement in leave benefits
would aid in the retention of this
workforce.
R-9-08
SICK LEAVE POLICY COMPARISON
(Current City Policy v. Ohio Healthy Families Act)
EXHIBIT B
Provision Current City Policy Ohio Healthy Families Act
Accrual 18 Days /Year (144 Hours} for employees in full-time Minimum of 7 Days for employees working 30 or more hours pe-•
permanent positions. No Sick Leave for employees week; proa•ated for employees working less than 30 how•s per ~~reek
serving in less than full-time permanent positions. or 1,5b0 hours per year.
Accrual Method Pay Period {5.54 Hours/Pay Period) lUlust accrue at least monthly
New employees granted an "advance" of 3 days for first Employer has discretion to provide a sick leave "advance".
3 months of employment.
Sicl~ Leave Use Actual Illness or disability of employee; Actual illness Absence resulting from a physical or mental illness, injury, or medical
or disability of one or more of the employee's family condition; absence resulting from obtaining a professional medical
members requiring employee's personal care and diagnosis or care, or preventive medical care for the employee; absence
attendance; appointments w/ physicians or dentists; for the purpose of caring for a child, parent, or spouse, who has a
confinement to borne because of quarantine; physical or mental illness, injury, or medical condition, or who needs
berea~°ement for family members. Sick leave may also diagnosis or preventive care.
be requested far other members of the employee's
household and may be approved at the discretion of the
City 1~lanager, or designee, on case-by-case basis, based
on merits of each case.
Notification Employee must notify supervisor not later than 30 Employees shall make reasonable efforts to schedule leave in a manner
minutes before normal starting time on 1~ day of that does not disrupt the operations of the City. In cases in wluch leave
absence, unless impossible to do sa, in which case, as is foreseeable at least 7 days in advance of such leave, the employee
soon as possible thereafter; 48 hours in advance for shall provide 7 days of notice. In cases in which leave is not
doctor or dentist appointments, except in emergency foreseeable at least 7 days in advance of such leave, the employee shall
situations. provide notice as soon as practicable once the employee becomes
aware of the need for such leave.
Provision Current City Policy Ohio Healthy Families Act
Medical Supervisor may require medical certification for Supervisor may require medical certification only after more than
Certification longer than two consecutive days, or for the day three consecutive workdays of absence. Employee has 30 days to
immediately preceding or following a holiday, or any provide certification.
time abuse is suspected.
Smallest All forms of leave may be taken in increments of 15 Sick leave may be taken in the smallest increment permitted by
Increment of Use minutes or greater. employer for other forms of leave.
Disciplinary Disciplinary action far abuse. Usage of sick leave shall not be used as a negative factor in any
Action employment action, such as hiring, promotion, or disciplinary
action. {As the Act is currently written, it would be very difficult far the
employer to discipline for patterned abuse. For example, an employee
could show up 15 minutes late far work an a repeated basis and, in light
of notice provision in the Act, claim helshe was sick and that it was
impracticable to provide any notice prior to al7ival - would be very
difficult for employer to take disciplinary action under these
circumstances.}
Cannot count the use of sick leave under a no-fault attendance
policy.
Carry Over Automatic carry over from year to year w/ no aggregate Automatic carry over fl•om year to year w/ no aggregate cap.
cap.
Transfer from Transfer of unused leave if hired by Dublin within 14 Act is silent.
State of Ohio or years of service with such entity.
other Political
subdivision of
State of Ohio
Provision Current City Policy t~hio Healthy Families Act
Supplement to Vacation Leave, Personal Leave, and Compensatory Sick Leave is defined as an increment of compensated leave which may
Sick Leave Time may be used to supplement Sick Leave when Sick be used far the medically-related reasons listed under Sick Leave Use
Leave is exhausted. black above. Vacation Leave, Personal Leave, and Compensatory
Time might also be considered protected leave if it can be used for
the same purpose as Sick Leave.
Annual At end of payroll year with minimum balance of 720 Act is silent.
Conversion hours; 40 or less hours of sick usage during prior 12
months (FI~~,A leave exempted); maximum conversion
of 48 hours at rate of Z to 1.
Conversion Upon Cam1ersion at rate of 113 up to 540 hour maximum with Act is silent.
Retirement/Layoff minimum of 10 complete years of service w/City of
Dublin.
Conversion Upan Conversion at rate of 1/3 up to 500 hour maximum with Act is silent.
Resignation minimum of 20 years of ser~'ice w/City of Dublin;
resignatian/separatian in goad standing; and minimum
balance of 1,2&0 hours.
Com~ersian if Paicl at 100% to surviving spouse or, secondarily, the Act is silent.
Killed while estate.
Performing
Assigned Jab
"EXHIBIT C"
OHIO HEALTHY FAMILIES ACT
iii]itfalls far Employers"
In addition to requiring employers to provide a minimum of 7 paid sick days per year for
employees working 30 or more hours per week and apro-rated amount for employees
working less than 30 hours per week or 1,560 hours per year, the Ohio Healthy Families Act
would present several pitfalls far employers. These pitfalls are as follows:
• Employees can take sick leave for medical reasons and an employer is not
permitted to require medical certification regarding the need for such leave unless
the employee is absent for more than three (3) consecutive work days.
Employers are prohibited from applying the use of sick leave as a negative factor
in any employment action, such as hiring, promotion, ar discipline. This means
that sick leave becomes a protected form of leave {like FIVILA Leave) and the
employer cannot take any adverse action against an employee for the use of such
sick leave, even if the employer believes that the employee is engaging in
patterned absences or otherwise abusing sick leave.
Accrued but unused sick leave carries over to the next vear. It is unclear in the
proposed language of the Act whether the carryover can be capped at seven (7) days.
It is more likely that the employee can continue to carry over leave from year to
year on an unlimited basis.
• Employees are required to provide advanced notice of the need for leave; however,
when such advanced notice is not practicable, the employee is only required to
provide notice that is practicable under the circumstances. As with the FMLA,
employees with certain medical conditions would be pei•~nitted to provide very little
if any advanced notice of the need for sick leave.
• Sick leave can be taken in any portion of a work day that the employer's payroll
system uses to account for leaves of absence. This means that employees can take
sick leave in 6, 10 or 15 minute increments if the employer's payroll system accounts
for time in such fractions. This means that an employee could show up late for work
15 minutes late on a repeated basis and, in light of the above notification
requirement, claim that he/she was sick and that it was impracticable to provide any
notice to the employer prior to arrival. Under such circumstances, the employer
would be prohibited from taking any disciplinary action against the employee. (See
second bullet point above.)
After the enactment of the Act, employers are prohibited from eliminating or
reducing leave of any type in order to comply with such Act. This means that if
any employer is considering modifications to thei-• lea`~e policies which might
involve the reallocation of sick leave to other forms of leave, they should do so
prior to the Act's date of enactment.
SZD~
SZD Q and A on the Ohio Health~~ Families Act
What is the Ohio Healthy Families Act?
The Ohio Healthy Families Act ("OHFA") is a statewide initiative to be placed on the
November 4, 2445 ballot. This initiative, if passed, would enact the OHFA as part of the Ohio
Revised Code. The OHFA requires employers with 25 or more employees to provide to employees a
minimum of seven (7) paid sick days per year.
Who is sponsoring the OHFA?
The OHFA is sponsored by a "coalition of citizens and organizations" known as the Ohioans
for Healthy Families. This coalifion is made up primarily of labor unions, special interest groups and
political leaders. Some of the noteworthy coalition members include the SEIU, the Teamsters, the
United Auto Workers, the UFCViT, UNITE HERE, United Steelworkers, the Ohio Education
Association, the IBEW, the AARP, the Oluo Democratic Party, and many state and municipal
government officials.
What does the OHFA requite?
The OHFA requires that employers in Ohio provide each employee with not less than seven
(7) days of paid sick leave on an annual. basis. This would include all employees who are working 34
hours or more per week. Employees who are working less thali 30 hours per week would be entitled
to a prorated amount of paid sick leave on an annual basis based upon the munber of hours they work.
What employers are covered?
All employers in the state who employ 2~ or more employees.
When do employees become covered?
Employees begin to accumulate sick leave immediately upon employment. An employer shall
not be required to permit the use of sick leave during the first 94 clays of employment.
How is sick leave accrued?
Sick leave must be accrued at least monthly.
Our company has part time employees who work as little as 8-10 hours a week. How do you
determine paid sick leave for• these individuals?
Golumh.~+s Office 250 YVesi Street, Golum,5u.~ Ohio 43296 ~ Voice: 694.462.2700 ~ Fax: 694.462.51 a5 ~ vnvw. szd. com
Cleveland Office tJSBank Centre, 9330 Euck'd Avenue, Suite 9400, Cleveland, Ohm 44995 ~ Voice: 296.629.6609 ~ Fax: 296.629.6602 ~ www. szd.com
Cincinnati Office 629 Oak Street, Suite 600, Cincinnati, Ohio 45206 ~ Voice: 593.792.0792 ~ Fax: 593.792.0803 ~ wwav. szd. com
Raleigh ONice 950 Fayetteville Street SuRe 9270, Raleigh, NoAh Carol+»a 27609 ~ Voice: 999.256.5700 ~ Fax: 999.256.5709 ~ vrvwszd. com
SZD~
According to the OHFA, these employees are entitled to paid sick leave on a prorated basis.
This means a proportion that is equal to the ratio of part-time hours worked to full-time hours worked.
Can an employer offer more paid sick days than 7 per year?
Yes. Seven {7) days of paid sick leave is a minimum, not a maximum.
What happens to unused sick leave at the end of the year?
Accrued sick leave caries over from year to year, but an employer may cap the accumulation
at seven {7) sick days per yeas. Employers may permit employees to accrue more than seven ('~ days
and carry them over from year to year.
Is sick leave accrued on a calendar year, fiscal year oi• employee anniversary year?
The OHFA is not clear on this point, and only requires that sick leave be provided "annually."
Therefore, it is likely that an employer can choose the method of accrual based upon calendar year,
fiscal year or employee a7uv.versary year. Unlike the Family and Medical Leave Act, however, the
OHFA does not have a `dolling" year provision.
For what purposes can sick leave under the OHFA be used by an employee?
Sick leave can be used by an employee for the employee's own physical or mental illness,
injury or medical condition, the employee's need to obtain professional medical diagnosis or care
(including preventative medical care), or an absence for the puapose of caring for a child, parent or
spouse who has a physical or mental illness, injury or medical condition or who needs to obtain
professional medical diagnosis or cave, including preventative medical care.
Does the OHFA cover domestic partners?
No. The term "spouse" is not defined in the OHFA. Therefore, it appears that only spouses
who are legally recognized in Ohio would be covered.
Who is considered a "child"?
Under the OHFA, a child is a biological, foster, adopted or stepchild, a legal ward or a child of
a person who is standing rn loco pcr~en~r's. In order to be covered, the child must be under 18 years of
age or if over 18 years, the child must be incapable of self-care due to a physical or mental disability.
What type of notice is 1•equired by the employee to take sick leave?
An employer must protride sick leave upon the oral or v~nitten request of an employee
Golumh.~+s Office 250 YVesi Street, Golum,5u.~ Ohio 43296 ~ Voice: 694.452.2700 ~ Fax: 694.462.51 a5 ~ vnvw. szd. com
Cleveland Office tJSBank Centre, 9330 Euck'd Avenue, Suite 9400, Cleveland, Ohm 44995 ~ Voice: 296.629.6609 ~ Fax: 296.629.6602 ~ www. szd.com
Cincinnati Office 629 Oak Street, Suite 600, Cincinnati, Ohio 45206 ~ Voice: 593.792.0792 ~ Fax: 593.792.0803 ~ wwav. szd. com
Raleigh ONice 950 Fayetteville Street SuRe 9270, Raleigh, NoAh Carol+»a 27609 ~ Voice: 999.256.5700 ~ Fax: 999.256.5709 ~ vrvwszd. com
SZD~
ghat type of information is required in the oral or written request of an employee?
The request shall include the reason for the absence and the expected duration of the leave
How much advance notice can an employer require?
In cases where leave is foreseeable at least seven ('7) days in advance of such leave, seven ('~
days notice shall be provided. In cases where leave is not foreseeable at least seven (7) days in
advance of such leave, notice shall be given as soon as practicable once the employee becomes aurare
of the need for such leave. Employees are required to make reasonable efforts to schedule leave in a
manner that does not unduly disrupt the operations of the employer.
In what increments can paid sick leave be used by an employee?
The employee can use paid sick leave in v~Thole work days or the employee may use paid sick
leave on an hourly basis or even in the smallest increment that the employer's payroll system uses to
account for absences or use of other leave. Employees can use sick leave in 15 or 10 minute
increments (or smaller) if the employer's payroll system accounts for absences or the use of other
types of leave in these smaller increments.
Can an employer require certification fi•om a health care professional to substantiate the need
for• leave?
Yes. An employer may require certification from a health care professional, but only for
absences of more than three {3) consecutive work days.
How soon is the employee required to provide certification from a health care professional?
Upon request, the employee must pro~•ide certification fiom his or her health care professional
regarding the need for leave in a timely manner, which is no later than 30 days after the first day of the
leave.
Under our company's policy, an employee who misses more than three days of work due to
illness must provide a doctor's note when he or she returns to work. Does this mean that the
employee can take up to 30 days to return the certification?
Yes. The employee must return the certification no later than 30 days after the first day of
leave.
What records must an employer maintain?
Golumh.~+s Office 250 YVesi Street, Golum,5u.~ Ohio 43296 ~ Voice: 694.452.2700 ~ Fax: 694.462.51 a5 ~ vnvw. szd. corn
Cleveland Office tJSBank Centre, 9330 Euck'd Avenue, Suite 9400, Cleveland, Ohm 44995 ~ Voice: 296.629.6609 ~ Fax: 296.629.6602 ~ www. szd.com
Cincinnati Office 629 Oak Street, Suite 600, Cincinnati, Ohio 45206 ~ Voice: 593.792.0792 ~ Fax: 593.792.0803 ~ wwav. szd. corn
Raleigh ONice 950 Fayetteville Street SuRe 9270, Raleigh, NoAh Carol+»a 27609 ~ Voice: 999.256.5700 ~ Fax: 999.256.5709 ~ vrvwszd. corn
SZD~
Employers shall retain records documenting hours v~Torked by employees and paid sick leave
taken by employees for a period of three years.
What acts ai•e prohibited by an employer?
Employers are not permitted to interfere with, restrain or deny the exercise of any rights
provided by the OHFA. Further, an employer shall not discharge or in any manner discriminate
against any employee for opposing any practice made unlawful by the OHFA including making a
complaint regarding the OHFA, assisting another and exercising such rights, testifying in proceedings
under the OHFA or for using paid sick leave. An employer is not permitted to take action against an
employee or subject employees to any negative factor as a result of taking such sick leave, such as
hiring, promoting or disciplining an employee.
Can the use of paid sick leave count under a no fault attendance policy?
No. Such sick leave is protected and cannot be used against an employee under a no fault
attendance policy.
Does this Act have any impact on collective bargaining agreements?
No. Nothing in the OHFA is intended to interfere v~rith, impede or in any way diminish the
right of employees to either bargain over sick leave or other terms and conditions of employment or in
any way reduce the amount of paid sick days established in a collective bargainng agreement,
provided that the collective bargaining agreement provides at least the minimum leave required under
the OHFA.
What effect does it have on current leave policies?
The OHFA is not intended to discourage employers from adopting or retaining paid leave
policies that are more generous than what is contained in the OHFA. Further, employers who have
leave policies that provide paid leave options to employees, such as a "PTO" policy, do not have to
modify such policies if such policies offer employees the option of taking leave at the employee's
discretion that is at least equivalent to the sick leave provided by the OHFA.
Our company has a current "PTO plan" that grants employees 20 paid days a year to use for
any purpose. Is this sufficient under the law?
Yes, if those 20 days can be used to cover sick leave. Keep in mind, however, that all 20 of
those PTO days could be considered protected sick leave under the law.
If the OHFA is passed, can our company revise its sick leave policy to reduce the number of
days available to seven (7) per year?
Golumh.~+s Office 250 YVesi Street, Golum,5u.~ Ohio 43296 ~ Voice: 694.452.2700 ~ Fax: 694.462.51 a5 ~ vnvw. szd. com
Cleveland Office tJSBank Centre, 9330 Euck'd Avenue, Suite 9400, Cleveland, Ohm 44995 ~ Voice: 296.629.6609 ~ Fax: 296.629.6602 ~ www. szd.com
Cincinnati Office 629 Oak Street, Suite 600, Cincinnati, Ohio 45206 ~ Voice: 593.792.0792 ~ Fax: 593.792.0803 ~ wwav. szd. com
Raleigh ONice 950 Fayetteville Street SuRe 9270, Raleigh, NoAh Carol+»a 27609 ~ Voice: 999.256.5700 ~ Fax: 999.256.5709 ~ vrvwszd. com
SZD~
No. An employer may not eliminate or reduce leave that is in existence on the date of the
enactment of the OHFA, regardless of the type of such leave, in order to comply with the provisions
of the OHFA.
~ti hat are the best leave policies for an employ er in Ohio?
All employers have different needs for their workforce. Employers should review the types of
leave granted to employees to prevent unintended results under this new law should it pass. Existing
policies should provide the required sick leave and give employers the ability to regulate all other
forms of paid leave. Any changes to existing leave policies must be made in advance of
November 4, 2008 to be effective. Contact any member of the SZD Labor & Employment Practice
Group for immechate assistance.
These materials offer opinions and recommendations of an infotrnative nature, and should not be considet•ed as legal or financial advice as to any specific
matter or transaction. Readers should consult an attrnney knov~rledgeable in labor and employment mattet•s fw• such advice.
Golumh.~+s Office 250 YVesi Street, Golum,5u.~ Ohio 43296 ~ Voice: 694.452.2700 ~ Fax: 694.462.51 a5 ~ vnvw. szd. com
Cleveland Office tJSBank Centre, 9330 Euck'd Avenue, Suite 9400, Cleveland, Ohm 44995 ~ Voice: 296.629.6609 ~ Fax: 296.629.6602 ~ www. szd.com
Cincinnati Office 629 Oak Street, Suite 600, Cincinnati, Ohio 45206 ~ Voice: 593.792.0792 ~ Fax: 593.792.0803 ~ wwav. szd. com
Raleigh ONice 950 Fayetteville Street SuRe 9270, Raleigh, NoAh Carol+»a 27609 ~ Voice: 999.256.5700 ~ Fax: 999.256.5709 ~ vrvwszd. com
Exhibit D Leave Benefit Surve
Grove Upper
Comparison of Leave Dublin Columbus Delaware Gahanna City Hilliard Pickerington Powell Reynoldsburg Arlington Westerville Worthington
4.6 to 5.5,
Sick Leave AccruallPay Period based on years
Hours 5.54 2.769 4.6 of service 4.6 4.6 4.6 4.6 4,6 4.615 4 5
Sick Leave AccruallYear Da s 18 9 15 15-18 15 15 15 15 15 15 13 16
Maximum Sick Leave Carry
Over Year to Year no limit no limit no limit no limit no limit no limit no limit no limit no limit no limit no limit no limit
1 for 1, the less
2 hours of hours an
leave for 1 employee uses
2 hours of 2 hours of 2 hours of hour of 2 hours of for sick leave,
leave for 1 leave for 1 leave for 1 pay (2:1), 3:1 up to 240 hrs leave far 1 the more hours 2.5:1 up to 80
Annual Sick Leave Conversion hour of pay hour of pay hour of pay 100 hour 1:1, 80 {min of 480 hrs hour of pay can be hours, must have
Rate 2:1 2:1 2:1 No conversion max hour max re uired 2:1 No res onse no res onse converted 640+ hours
3 hours of
leave far 1
hour of pay 4:1 from 400
(3:1), to 951 hours, 3:1 up to 640
requires 10 3:1 to 1, 750 hours -Must have
years and hours, 2:1 up 15 years of service
retirement or to 2,550 60% pay up to 2:1, up to 4:1 and a minimum of
Sick Leave Conversion Rate 20 years and hours, 1:1 2:1 up to 640 1,200 and 25% 2:1, up to 1000 2:1 {after 10 yrs (retireldeath 2:1 up to 2,240 232 sick leave
U on Se oration resi nation above 2,550 hours for above 1,200 360 hours hours of service onl No res onse 4:1 retire onl hours hours
1,000,
however
additional
hours may
540 hours be
(for retire), converted Up to 1200 hrs
Maximum Sick Leave 500 upon (after 10 yrs of
Conversion U on Se oration resi nation no max 640 hours No Maximum 360 hours a royal service) 1,040 hours No res onse 480 hours 2.240 hours 640 hours
Short Term Disability Program yes -based
STD ? No onusa a No No No No no No No es No No
Number of Consecutive Days of
Absence before STD Benefits
B in NIA 12 N!A NIA NIA NIA NIA NIA NIA 45 NIA N1A
STD Benefit - % of Normal
Wa eslSala NIA 89% N1A NIA NIA NlA NIA NIA NIA 60% N1A N1A
Sick Leave Hours
Supplement STD Benefit Up to used as
100% via Sick Leave or Other supplement to
Paid Leave N1A N1A NlA NIA N!A N!A NIA N1A 100% pay N1A NIA
Maximum STD Benefit Len th NIA 26 weeks NlA N1A NlA N1A NIA NIA NIA No response N!A N1A
Exhibit D Leave Benefit Surve
Grove Upper
Comparison of Leave Dublin Columbus Delaware Gahanna City Hilliard Pickerington Powell Reynoldsburg Arlington Westerville Worthington
6, number
decreases as
year continues,
Ex. Hired in
Jan - 6 days,
Personal Leave Da 4 2 4 None None 1 4 5 1 5 Oct -1 da 1
varies,
immediate
family 3 days,
3 days (in member (1-3 3 days though 5 3 days (In Up to 3 days for manager
state), 5 3 days (in days local), days is given in State), 5 immediate family allowed to
days (out of state}, 5 days (1-5 days not extreme days (out at discretion of give more if
Bereavement Leave Da s state out of state local circumstances 2-5 da s of State City Mana er not local 3-4 da s varies 3-5 tla s 5 da s
0 days, 10 (can
not use
entitled vacation
until1 once
Vacation Days for the First Year year of accrual of
of Em to ment 5 da s 10 da s 10 da s 13 da s service 40 hours 12 days 10 da s 10 da s 10 da s 10 da s 12 da s
Vacation Days w! 2-4 years of
Service 13.5 da s 16 3-6 ears 10 da s 13 da s 10 da s 10 12 da s 10 da s 10 days 10 da s 10 da s 12 da s
15 (at 5
years), 20
Vacation Days w15-10 years of 23 (6-13 15 (6-10 17 (4-8 years), 15 (5-9 (at 10 15 (5-9 15 days (6-12
service 17.75 ears ears 19 8-12 ears ears ears 12-17 tla s ears 15 15 ears 13 5-S ears
Vacation Days wl 11-15 years of 26 (13-20 22 (12-26 20 (10-14 25 (at 15 17.5(10-15 20 (12-18 18 (9-12 years),
service 21.25 ears 20 ears ears ears 18-22 da s ears 20 17.5 at 10 years) ears 21 13-15 ears
.308! 3 years
Vacation Days w116-20 years of 28 (20-25 25 (16+ 25 (15+ 20 (16-25 added over 13 25 (18-24
service 24 ears ears 24 ears 25 22 ears 25 ears ears 25
Maximum Vacation Carry Over 25 (15+ 25 (26+ 28.7 days@21
wlover 21 ears of service 28.25 30 25+ ears 25 25 ears 25 44 ears 25 ears 30 24+ ears 27
160 hours
wlless than
11 years of
Maximum Vacation (Days) Carry service, 200 2 x annual 3 x annual 3 x annual 400 hour 2 x annual 3 x annual
Over Year to Year w111+ accrual accrual No car over accrual max accrual No car over 240 hours accrual 2 x annual Max of 248 hours
Directors
may convert
maximum of yes with Max of 1:1, max Max of 40 hours
Annual Vacation Leave 160 hours council Max of 120 Max of 240 @ 240 @ 1:1 of 80 no @ 1:1 for 1, w18+
Conversion 1;1 a royal hours 1:1 1:1 limit limit hours None conversion None none none ears of service
1:1, max
Vacation Conversion Rate Upon All hours All hours @ All hours @ All hours of 400 All hours @
Se aration 1:1 1:1 1:1 All hours 1:1 1:1 hours All hours 1:1 1:1 No res onse All hours 1:1 All hours 1:1 All hours 1:1
Exhibit D Leave Benefit Surve
Grove Upper
Comparison of Leave Dublin Columbus Delaware Gahanna City Hilliard Pickerington Powell Reynoldsburg Arlington Westerville Worthington
Total number of paid leave days
at 3 ears 35,5 21 29 28 20 25 31 30 25 30 29 29
Total number of paid leave days
at 10 ears 39.75 34 34 34 30 35 36 37.5 30 37.5 34 35
Total number of paid leave days
at 15 ears 43,25 37 39 40 35 40 41 37.5 36 40 36.5 38
Total number of paid leave days
at 22 ears 50.25 39 44 43 40 40 41 40 41 43 47.7 44
"EXHIBIT E"
Financial Impacts of Redesigned Leave Program
Annual Impacts
Adjustments to sick leave
Sick leave days not available for use (based on 2007 usage) $ (132,000)
Enhancement to annual sick leave conversion (4 additional hours) 12,950 Note 1
Value of sick leave adjustments $ (119,050)
Addition of short-term disability program $ 50,000 Note 2
Adjustments to other leave allocations
One additional personal day $ 49,700 Note 3
Additional vacation leave based on total public service 36,000 Note 3
Addition of bereavement leave up to 3 days (estimated) 12,000 Note 4
Value of additional leave allocations
Net annual value of redesign of leave program
97,700
28,650
NOTES:
1. Current annual sick leave conversion exchanges two hours of sick leave for one hour of pay, up to a
maximum of 24 hours of pay. Redesigned conversion allows for conversion of up to 28 hours of
pay, and converts leave on the basis of one hour of pay/one hour of sick leave. This change affects
the budget only marginally, but leaves a greater number of sick leave hours in the employee's
bank of sick leave.
2. Based on information from Oswald Company, this estimate reflects the cost of aself-funded short-
term disability program and third-party administration for non-bargaining employees only; and used
2007 actual FMLA-approved leaves as the basis for the estimate.
3. These changes reflect parity with proposed labor agreements; City Council and City administration
traditionally has made the necessary changes to maintain this parity.
4. Bereavement estimate reflects actual value of leave reported as bereavement in 2007.
Impacts at Separation
Average estimated annual cost of current separation conversion $ 795,000 Note 1
Added cost for increase in maximum to 700 hours. $ 59,800
Additional conversions at separation (5 years of service or more) $ 575,000
Additional conversions at separation (less than 5 years) $ 161,000
NOTES:
1. This amount reflects all employees with existing sick leave balances who can convert this leave to
cash payment upon separation under the existing parameters, within the next five years. Funding
for this liability is included within the accrued leave reserve fund.